HISTORICAL ANTECEDENTS

THE FIRST CONSTITUTION OF CONNECTICUT

*The "Fundamental Orders,"
1638-9.

"Voted" January 14, 1638, the
Fundamental Orders were the beginning of Connecticut as a commonwealth. Their
spirit was that of a sermon preached by the Rev. Thomas Hooker a short time
before their adoption, in the course of which he laid down the proposition "The
foundation of authority is laid in the free consent of the people," and which he
closed with the challenge: "As God has given us liberty let us take it." They
recognized no allegiance on the part of the colonists to England but in effect
set up an independent government. In the sense that they were intended to be a
framework of government more permanent than the usual orders adopted by the
General Court, they were in essence a constitution. The historian John Fiske was
justified in his statement that this instrument was "the first written
constitution known to history that created a government and it marked the
beginning of American democracy." While in 1662 the Fundamental Orders were in a
sense superseded by the charter, that document, drawn up in the colony and taken
to England by its representative, was never regarded by the colonists as the
source of their government, but as a protection for and guaranty of the
government they had already set up for themselves. So it was that for forty
years after the independence of this nation, Connecticut could still carry on
its government under the charter. And so it is that this commonwealth has
preserved a continuity of development beyond that of almost any other state or
nation in the world.

By: William M. Maltbie

Forasmuch as it hath pleased the
Almighty God by the wise disposition of his divine providence so to order and
dispose of things that we the Inhabitants and Residents of Windsor, Hartford,
and Wethersfield are now cohabiting and dwelling in and upon the River of
Connectecotte and the lands thereunto adjoining; and well knowing where a people
are gathered together the word of God requires that to maintain the peace and
union of such a people there should be an orderly and decent Government
established according to God, to order and dispose of the affairs of the people
at all seasons as occasion shall require; do therefore associate and conjoin
ourselves to be as one Public State or Commonwealth; and do for ourselves and
our Successors and such as shall be adjoined to us at any time hereafter, enter
into Combination and Confederation together, to maintain and preserve the
liberty and purity of the Gospel of our Lord Jesus which we now profess, as also
the discipline of the Churches, which according to the truth of the said Gospel
is now practiced amongst us; as also in our Civil affairs to be guided and
governed according to such Laws, Rules, Orders, and Decrees as shall be made,
ordered, and decreed as followeth:--

1. It is Ordered, sentenced, and
decreed, that there shall be yearly two General Assemblies or Courts, the one
the second Thursday in April, the other the second Thursday in September
following; the first shall be called the Court of Election, wherein shall be
yearly chosen from time to time so many Magistrates and other public Officers as
shall be found requisite: Whereof one to be chosen Governor for the year ensuing
and until another be chosen, and no other Magistrate to be chosen for more than
one year: provided always there be six chosen besides the Governor, which being
chosen and sworn according to an Oath recorded for that purpose, shall have
power to administer justice according to the Laws here established, and for want
thereof, according to the rule of the Word of God; which choice shall be made by
all that are admitted freemen and have taken the Oath of Fidelity, and do
cohabit within this Jurisdiction

*The original "Fundamental
Orders" of 1638-39 are on permanent exhibition at the Museum of Connecticut
History, 231 Capitol Ave., Hartford.

(*Having been admitted Inhabitants by the
major part of the Town wherein they live) or the major part of such as shall be
then present.

2. It is Ordered, sentenced, and decreed, that
the Election of the aforesaid Magistrates shall be on this manner: every person
present and qualified for choice shall bring in (to the persons deputed to
receive them) one single paper with the name of him written in it whom he
desires to have Governor, and he that hath the greatest number of papers shall
be Governor for that year. And the rest of the Magistrates or public officers to
be chosen in this manner: the Secretary for the time being shall first read the
names of all that are to be put to choice and then shall severally nominate them
distinctly, and every one that would have the person nominated to be chosen
shall bring in one single paper written upon, and he that would not have him
chosen shall bring in a blank; and every one that hath more written papers than
blanks shall be a Magistrate for that year; which papers shall be received and
told by one or more that shall be then chosen by the court and sworn to be
faithful therein; but in case there should not be six chosen as aforesaid,
besides the Governor, out of those which are nominated, then he or they which
have the most written papers shall be a Magistrate or Magistrates for the
ensuing year, to make up the aforesaid number.

3. It is Ordered, sentenced, and decreed, that
the Secretary shall not nominate any person, nor shall any person be chosen
newly into the Magistracy which was not propounded in some General Court before,
to be nominated the next Election; and to that end it shall be lawful for each
of the Towns aforesaid by their deputies to nominate any two whom they conceive
fit to be put to election; and the Court may add so many more as they judge
requisite.

4. It is Ordered, sentenced, and decreed, that
no person be chosen Governor above once in two years, and that the Governor be
always a member of some approved congregation, and formerly of the Magistracy
within this Jurisdiction; and all the Magistrates, Freemen of this Commonwealth;
and that no Magistrate or other public officer shall execute any part of his or
their office before they are severally sworn, which shall be done in the face of
the court if they be present, and in case of absence by some deputed for that
purpose.

5. It is Ordered, sentenced, and decreed, that
to the aforesaid Court of Election the several Towns shall send their deputies,
and when the Elections are ended they may proceed in any public service as at
other Courts. Also the other General Court in September shall be for making of
laws, and any other public occasion, which concerns the good of the
Commonwealth.

6. It is Ordered, sentenced, and decreed, that
the Governor shall, either by himself or by the Secretary, send out summons to
the Constables of every Town for the calling of these two standing Courts one
month at least before their several times: And also if the Governor and the
greatest part of the Magistrates see cause upon any special occasion to call a
General Court, they may give order to the Secretary so to do within fourteen
days' warning: And if urgent necessity so required, upon a shorter notice,
giving sufficient grounds for it to the deputies when they meet, or else be
questioned for the same; And if the Governor and major part of Magistrates shall
either neglect or refuse to call the two General standing Courts or either of
them, as also at other times when the occasions of the Commonwealth require, the
Freemen thereof, or the major part of them, shall petition to them so to do; if
then it be either denied or neglected, the said Freemen, or the major part of
them, shall have power to give order to the Constables of the several Towns to
do the same, and so may meet together, and choose to

themselves a Moderator, and may proceed to do
any act of power which any other General Courts may.

*This clause was interlined in a different
handwriting, and is of a later date. It was adopted by the General Court of
November, 1643.

7. It is Ordered, sentenced, and decreed, that
after there are warrants given out for any of the said General Courts, the
Constable or Constables of each Town, shall forthwith give notice distinctly to
the inhabitants of the same, in some public assembly or by going or sending from
house to house, that at a place and time by him or them limited and set, they
meet and assemble themselves together to elect and choose certain deputies to be
at the General Court then following to agitate the affairs of the Commonwealth;
which said deputies shall be chosen by all that are admitted Inhabitants in the
several Towns and have taken the oath of fidelity; provided that none be chosen
a Deputy for any General Court which is not a Freeman of this Commonwealth.

The aforesaid deputies shall be chosen in
manner following: every person that is present and qualified as before
expressed, shall bring the names of such, written in several papers, as they
desire to have chosen for that employment, and these three or four, more or
less, being the number agreed on to be chosen for that time, that have greatest
number of papers written for them shall be deputies for that Court; whose names
shall be endorsed on the back side of the warrant and returned into the Court,
with the constable or constables' hand unto the same.

8. It is Ordered, sentenced, and decreed, that
Windsor, Hartford, and Wethersfield shall have power, each Town, to send four of
their Freemen as their deputies to every General Court; and Whatsoever other
Town shall be hereafter added to this Jurisdiction, they shall send so many
deputies as the Court shall judge meet, a reasonable proportion to the number of
Freemen that are in the said Towns being to be attended therein; which deputies
shall have the power of the whole Town to give their votes and allowance to all
such laws and orders as may be for the public good, and unto which the said
Towns are to be bound.

9. It is Ordered and decreed, that the
deputies thus chosen shall have power and liberty to appoint a time and a place
of meeting together before any General Court, to advise and consult of all such
things as may concern the good of the public, as also to examine their own
Elections, whether according to the order, and if they or the greatest part of
them find any election to be illegal they may seclude such for present from
their meeting, and return the same and their reasons to the Court; and if it
prove true, the Court may fine the party or parties so intruding, and the Town,
if they see cause, and give out a warrant to go to a new election in a legal
way, either in part or in whole. Also the said deputies shall have power to fine
any that shall be disorderly at their meetings, or for not coming in due time or
place according to appointment; and they may return the said fines into the
Court if it be refused to be paid, and the Treasurer to take notice of it, and
to escheat or levy the same as he does other fines.

10. It is Ordered, sentenced, and decreed,
that every General Court, except such as through neglect of the Governor and the
greatest part of Magistrates the Freemen themselves do call, shall consist of
the Governor, or some one chosen to moderate the Court, and four other
Magistrates at least, with the major part of the deputies of the several Towns
legally chosen; and in case the Freemen, or major part of them, through neglect
or refusal of the Governor and major part of the Magistrates, shall call a
Court, it shall consist of the major part of Freemen that are present or their
deputies, with a Moderator chosen by them: In which said General Courts shall
consist the supreme power of the Commonwealth, and they only shall have power to
make laws or repeal them, to grant levies, to admit of Freemen, dispose of lands
undisposed of, to several Towns or persons, and also shall have power to call
either Court or Magistrate or any other person whatsoever into question for any
misdemeanor, and may for just causes displace or deal otherwise according to the
nature of the offense; and also may deal in any other matter that concerns the
good of this Commonwealth, except election of Magistrates, which shall be done
by the whole body of Freemen. In which Court the Governor or Moderator shall
have power to order the Court, to give liberty of speech, and silence
unseasonable and disorderly speakings, to put all things to vote, and in case
the vote be equal to have the casting voice. But none of these Courts shall be
adjourned or dissolved without the consent of the major part of the Court.

11. It is Ordered, sentenced, and decreed,
that when any General Court upon the occasions of the Commonwealth have agreed
upon any sum, or sums of money to be levied upon the several Towns within this
Jurisdiction, that a committee be chosen to set out and appoint what shall be
the proportion of every Town to pay of the said levy, provided the committee be
made up of an equal number out of each Town.

CHARLES THE SECOND, BY THE GRACE OF GOD,
King of England, Scotland, France and Ireland, defender of the Faith, &c.; To
all to whome theis presents shall come Greetinge: WHEREAS,
by the severall Navigacons, discoveryes and susccessfull Plantacons of diverse
of our loving Subjects of this our Realme of England, Severall Lands, Islands,
Places, Colonies and Plantacons have byn obtayned and setled in that parte of
the Continent of America called New England, and thereby the Trade and Comerce
there hath byn of late yeares much increased, AND
WHEREAS,
wee have byn informed by the humble Peticon of our Trusty and welbeloved John
Winthrop, John Mason, Samuell Willis, Henry Clerke, Mathew Allen, John Tappen,
Nathan Gold, Richard Treate, Richard Lord, Henry Woolicott, John Talcott,
Daniell Clerke, John Ogden, Thomas Wells, Obedias Brewen, John Clerke, Anthony
Haukins, John Deming and Mathew Camfeild, being Persons Principally interested
in our Colony or Plantacon of Connecticut in New England, that the same Colony
or the greatest parte thereof was purchased and obteyned for greate and valuable
Consideracons, And some other part thereof gained by Conquest and with much
difficulty, and att the onely endeavours, expence and Charge of them and their
Associates, and those vnder whome they Clayme, Subdued and improved, and thereby
become a considerable enlargement and addicon of our Dominions and interest
there.--NOW KNOW YEA,
that in consideracion thereof, and in regard the said Colony is remote from
other the English Plantacons in the Places aforesaid, And to the end the
Affaires and Business which shall from tyme to tyme happen or arise concerning
the same may be duely Ordered and managed. WEE
HAVE thought fitt, and att the humble
Peticon of the Persons aforesaid, and are graciously pleased to Create and Make
them a Body Pollitique and Corporate, with the powers and Priviliges herein
after menconed; And Accordingly Our will and pleasure is, and of our especiall
grace, certeine knowledge and meere mocon wee have Ordeyned, Constituted and
Declared, And by theis presents, for vs, our heires and Successors, Doe Ordeine,
Constitute and Declare That they, the said John Winthrop, John Mason, Samuell
Willis, Henry Clerke, Mathew Allen, John Tappen, Nathan Gold, Richard Treate,
Richard Lord, Henry Woollcot, John Talcot, Daniell Clerke, John Ogden, Thomas
Wells, Obadiah Brewen, John Clerke, Anthony Hawkins, John Deming and Mathew
Camfeild, and all such others as now are or hereafter shall bee Admitted and
made free of the Company and Society of our Collony of Connecticut in America,
shall from tyme to tyme and forever hereafter, bee one Body Corporate and
Pollitique in fact and name, by the Name of Governour and Company of the English
Collony of Connecticut in New England in

*The original Charter of the
Colony of Connecticut, 1662, is on permanent exhibition at the Museum of
Connecticut History, 231 Capitol Ave., Hartford.

America; And that by the same
name they and their Successors shall and may have perpetuall Succession, and
shall and mey bee Persons able and Capable in the law to Plead and bee
Impleaded, to Answere and to be Answered vnto, to Defend and bee Defended in all
and Singular, Suits, Causes, quarrelles, Matters, Accons and things of what kind
or nature soever, And alsoe to have, take, possesse, acquire and purchase lands
Tenements or hereditaments, or any goods or Chattells, and the same to, Lease,
Graunt, Demise, Alien, bargaine, Sell and dispose of, as other our leige People
of this our Realme of England, or any other Corporacon or Body Politique within
the same may lawfully doe. AND FURTHER,
that the said Governour and Company, and their Successors shall and may for ever
hereafter have a Comon Seale to serve and vse for all Causes, matters, things
and affaires, whatsoever of them and their Successors, and the same Seale to
alter, change, breake and make new from tyme to tyme att their wills and
pleasures, as they shall thinke fitt. And further, wee will and Ordeine, and by
theis presents for vs, our heires and Successors Doe Declare and appoint, that
for the better ordering and manageing of the affaires and businesse of the said
Company and their Successors, there shall be one Governour, one Deputy Governour
and Twelve Assistants to bee from tyme to tyme Constituted, Elected and Chosen
out of the Freemen of the said Company for the tyme being, in such manner and
forme as hereafter in these presents is expressed; which said Officers shall
apply themselves to take care for the best disposeing and Ordering of the
Generall business and affaires of and concerning the lands and hereditaments
herein after menconed to bee graunted, and the Plantacon thereof and the
Government of the People thereof. And for the better execucon of our Royall
Pleasure herein, WEE DOE
for vs, our heires and Successors, Assigne, name, Constitute and appoint the
aforesaid John Winthrop to bee the first and present Governour of the
said Company; And the said John Mason to bee the Deputy Governour; And
the said Samuell Willis, Mathew Allen, Nathan Gold, Henry Clerke, Richard Treat,
John Ogden, Thomas Tappen, John Talcott, Thomas Wells, Henry Woolcot, Richard
Lord and Daniell Clerke to bee the Twelve present Assistants of the said
Company; to contynue in the said severall Offices respectively, vntill the
second Thursday which shall bee in the moneth of October now next comeing.
AND
further, wee will, and by theis presents for vs, our heires and Successors DOE
Ordaine and Graunt that the Governour of the said Company for the tyme being,
or, in his absence by occasion of sicknes, or otherwise by his leave or
permission, the Deputy Governour for the tyme being, shall and may from tyme to
tyme vpon all occasions give Order for the assembling of the said Company and
calling them together to Consult and advise of the businesse and Affairs of the
said Company, And that for ever hereafter Twice in every yeare, (That is to
say,) on every Second Thursday in October and on every Second Thursday in May,
or oftener, in Case it shall bee requisite, The Assistants and freemen of the
said Company, or such of them, (not exceeding twoe Persons from each Place,
Towne or Citty) whoe, shall bee from tyme to tyme therevnto Elected or deputed
by the major parte of the freemen of the respective Townes, Cittyes and Places
for which they shall bee soe elected or Deputed, shall have a generall meeting
or Assembly, then and their to Consult and advise in and about the Affaires And
businesse of the said Company; And that the Governour, or in his absence the
Deputy Governour of the said Company for the tyme being, and such of the
Assistants and freemen of the said Company as shall be soe Elected or Deputed
and bee present att such meeting or Assembly, or the greatest number of them,
whereof the Governour or Deputy Governour and Six of the Assistants, at least,
to bee Seaven, shall be called the Generall Assembly, and shall have full power
and authority to alter and change their dayes and tymes of meeting or Generall
Assemblies for Electing the Governour, Deputy Governour and Assistants or other
Officers or any other Courts, Assemblies or meetings, and to Choose, Nominate
and appoint such and soe many other Persons as they shall thinke fitt and shall
bee willing to accept the same, to bee free of the said Company and Body
Politique, and them into the same to Admitt and to Elect, and Constitute such
Officers as they shall thinke fitt and requisite for the Ordering, Manageing and
disposeing of the Affaires of the said

Governour and Company and their
Successors. AND WEE DOE
hereby for vs, our heires and Successors, Establish and Ordeine, that once in
the yeare for ever hereafter, namely, the said Second Thursday in May, the
Governour, Deputy Governour, and Assistants of the said Company and other
Officers of the said Company, or such of them as the said Generall Assembly
shall thinke fitt, shall bee in the said Generall Court and Assembly to be held
from that day or tyme, newly Chosen for the yeare ensuing, by such greater parte
of the said Company for the tyme being then and there present. And if the
Governour, Deputy Governour and Assistants by these presents appointed, or such
as hereafter bee newly Chosen into their Roomes, or any of them, or any other
the Officers to bee appointed for the said Company shall dye or bee removed from
his or their severall Offices or Places before the said Generall day of Eleccon,
whome wee doe hereby Declare for any misdemeanour or default to bee removeable
by the Governour, Assistants and Company, or such greater part of them in any of
the said publique Courts to be Assembled as is aforesaid, That then and in every
such Case itt shall and may bee lawfull to and for the Governour, Deputy
Governour and Assistants and Company aforesaid, or such greater parte of them
soe to bee Assembled as is aforesaid in any of their Assemblies, to proceede to
a New Eleccon of one or more of their Company in the Roome or place, Roomes or
Places of such Governour, Deputy Governour, Assistant or other Officer or
Officers soe dyeing or removed, according to their discretions; and immediately
vpon and after such Eleccon or Eleccons made of such Governour, Deputy
Governour, Assistant or Assistants, or any other Officer of the said Company in
manner and forme, Aforesaid, The Authority Office and Power before given to the
former Governour, Deputy Governour or other Officer and Officers soe removed, in
whose stead and Place new shall be chosen, shall as to him and them and every of
them respectively cease and determine. PULMVIDED,
alsoe, and our will and pleasure is, That as well such as are by theis presents
appointed to bee the present Governour, Deputy Governour and Assistants of the
said Company as those that shall succeed them, and all other Officers to
bee appointed and Chosen as aforesaid, shall, before they vndertake the Execucon
of their said Offices and places respectively, take their severall and
respective Corporall Oathes for the due and faithfull performance of their
dutyes in their severall Offices and Places, before such Person or Persons as
are by these Presents hereafter appoynted to take and receive the same; That is
to say, the said John Winthrop, whoe is herein before nominated and appointed
the present Governour of the said Company, shall take the said Oath before one
or more of the Masters of our Court of Chancery for the tyme being, vnto which
Master of Chancery WEE DOE,
by theis presents, give full power and authority to administer the said Oath to
the said John Winthrop accordingly. And the said John Mason, whoe is herein
before nominated and appointed the present Deputy Governour of the said Company,
shall take the said Oath before the said John Winthrop, or any twoe of the
Assistants of the said Company, vnto whome
WEE DOE by
these presents, give full power and authority to Administer the said Oath to the
said John Mason accordingly. And the said Samuell Willis, Henry Clerke, Mathew
Allen, John Tappen, Nathan Gold, Richard Treate, Richard Lord, Henry Woolcott,
John Talcott, Daniell Clerke, John Ogden and Thomas Welles, whoe are herein
before Nominated and appointed the present Assistants of the said Company, shall
take the Oath before the said John Winthrop and John Mason, or one of
them, to whome WEE DOE
hereby give full power and authority to Administer the same accordingly. And our
further will and pleasure, is that all and every Governour or Deputy Governour
to bee Elected and Chosen by vertue of theis presents, shall take the said Oath
before two or more of the Assistants of the said Company for the tyme being,
vnto whom wee doe, by theis presents, give full power and authority to give and
Administer the said Oath accordingly. And the said Assistants and every of them,
and all and every other Officer or Officers to bee hereafter Chosen from tyme to
tyme, to take the said Oath before the Governour or Deputy Governour for the
tyme being, vnto which said Governour or Deputy Governour wee doe, by theis
presents, give full power and authority to Administer the same accordingly. AND
FURTHER, of our more ample grace, certeine
knowledge and meere mocon WEE HAVE
given and Graunted, and by theis presents, for vs, our heires and Successors,
ULME
give and Graunt vnto the said Governour and Company of the English Colony of
Connecticut in New England in America, and to every Inhabitant there, and to
every Person and Persons Trading thither, And to every such Person and Persons
as are or shall bee free of the said Collony, full power and authority from tyme
to tyme and att all tymes hereafter, to take, Ship, Transport and Carry away,
for and towards the Plantacon and defence of the said Collony such of our
loveing Subjects and Strangers as shall or will willingly accompany them in and
to their said Collony and Plantacon: (Except such Person and Persons as are or
shall bee therein restrayned by vs, our heires and Successors:) And alsoe to
Ship and Transport all and all manner of goods, Chattells, Merchandizes and
other things whatsoever that are or shall be vsefull or necessary for the
Inhabitants of the said Collony and may lawfully bee Transported thither;
Neverthe lesse, not to bee discharged of payment to vs, our heires and Successors, of the Dutyes, Customes and Subsidies which are or ought to bee paid
or payable for the same. AND FURTHER,
Our will and pleasure is, and WEE DOE
for vs, our heires and Successors, Ordeyne, Declare and Graunt vnto the said
Governour and Company and their Successors, That all and every the Subjects of
vs, our heires or Successors which shall goe to Inhabite within the said Colony,
and every of their Children which shall happen to bee borne there or on the Sea
in goeing thither or returneing from thence, shall have and enjoye all liberties
and immunities of free and naturall Subjects within any the Dominions of vs, our
heires or Successors, to all intents, Construccons and purposes whatsoever, as
if they and every of them were borne within the Realme of England, AND
WEE DOE authorize and impower the
Governour, or in his absence the Deputy Governour for the tyme being, to
appointe two or more of the said assistants att any of their Courts or
Assemblyes to bee held as aforesaid, to have power and authority to Administer
the Oath of Supremacy and obedience to all and every Person and Persons which
shall att any tyme or tymes hereafter goe or passe into the said Colony of
Connecticutt, vnto which said Assistants soe to bee appointed as aforesaid,
WEE DOE,
by these presents, give full power and authority to Administer the said Oath
accordingly. AND WEE DOE FURTHER,
of our especiall grace, certeine knowledge and meere mocon, give and Graunt vnto
the said Governour and Company of the English Colony of Connecticutt in New
England in America, and their Successors, that itt shall and may bee lawful to
and for the Governour or Deputy Governour and such of the Assistants of the said
Company for the tyme being as shall bee Assembled in any of the Generall Courts
aforesaid, or in any Courts to be especially Sumoned or Assembled for that
purpose, or the greater parte of them, whereof the Governour or Deputy Governour
and Six of the Assistants, to be all wayes Seaven, to Erect and make such Judicatories for the heareing and Determining of all Accons, Causes, matters and
things happening within the said Colony or Plantacon and which shall bee in
dispute and depending there, as they shall thinke fitt and convenient; And alsoe
from tyme to tyme to Make, Ordaine and Establish All manner of wholesome and
reasonable Lawes, Statutes, Ordinances, Direccons and Instruccons, not contrary
to the laws of this Realme of England, as well for setling the formes and
Ceremonies of Government and Magestracy fitt and necessary for the said
Plantacon and the Inhabitants there as for naming and Stileing all sorts of
Officers, both superior and inferior, which they shall find needfull for the
Government and Plantacon of the said Colony, and the distinguishing and setting
forth of the severall Dutyes, Powers and Lymitts of every such Office and Place,
and the formes of such Oaths, not being contrary to the Laws and Statutes of
this our Realme of England, to bee administered for the Execucon of the said
severall Offices and Places; As alsoe for the disposeing and Ordering of the
Eleccon of such of the said Officers as are to bee Annually Chosen, and of such
others as shall succeed in case of death or removall, and Administering the said
Oath to the new Elected Officers, and Graunting necessary Comissions, and for
imposicon of lawfull Fines, Mulcts, Imprisonment or other Punishment vpon
Offenders and Delinquents, according to the Course of other Corporacons within
this our Kingdome of England, and the same Lawes, fines, Mulcts and Execucons to
alter, change, revoke, adnull, release or Pardon, vnder their Comon Seale, As by
the said Generall Assembly or the major part of them shall be thought fitt; And
for the directing, ruleing and disposing of all other matters and things whereby
our said people, Inhabitants there, may bee soe religiously, peaceably and
civilly Governed as their good life and orderly Conversacon may wynn and invite
the Natives of the Country to the knowledge and obedience of the onely true God
and Saviour of mankind, and the Christian faith, which in our Royall intencons
and the Adventurers free profession is the onely and principall end of this
Plantacon; WILLING,
Commanding and requireing, and by these presents, for vs, our heires and
Successors, Ordaineing and appointeing. That all such Lawes, Statutes and
Ordinances, Instruccons, Imposicons, and Direccons as shall bee soe made by the
Governour, Deputy Governour, and Assistants, as aforesaid, and published in
writeing vnder their Comon Seale, shall carefully and duely bee observed, kept,
performed and putt in execucion, according to the true intent and meaning of the
same. AND
these our letters Patents, or the Duplicate or Exemplification thereof, shall
bee to all and every such Officers, Superiors and inferiors, from tyme to tyme,
for the Putting of the same Orders, Lawes, Statutes, Ordinances, Instruccons and
Direccons in due Execucon, against vs, our heires and Successors, a sufficient
warrant and discharge. AND WEE DOE
FURTHER, for vs, our heires and
Successors, give and Graunt vnto the said Governor and Company and their
Successors, by these presents, That itt shall and may bee lawfull to and for the
chiefe Commanders, Governours and Officers of the said Company for the tyme
being whoe shall bee resident in the parts of New England hereafter menconed,
and others inhabitating there by their leave, admittance, appointment or
direccon, from tyme to tyme and att all tymes hereafter, for their speciall
defence and safety, to Assemble, Martiall, Array, and putt in Warlike posture
the Inhabitants of the said Colony, and to; Commissionate, Impower and authorize
such Person or Persons as they shall thinke fitt to lead and Conduct the said
Inhabitants, and to encounter, expulse, repell and resist by force of Armes, as
well by Sea as by land, And alsoe to kill, Slay and destroy, by all fitting
wayes, enterprizes and meanes whatsoever, all and every such Person or Persons
as shall at any tyme hereafter Attempt or enterprize the destruccon, Invasion,
detriment or annoyance of the said Inhabitants or Plantacon, And to vse and
exercise the law Martiall, in such Cases onely as occasion shall require, And to
take or surprize by all wayes and meanes whatsoever, all and every such Person
and Persons, with their Shipps, Armour, Ammunicon, and other goods of such as
shall in such hostile manner invade or attempt the defeating of the said
Plantacon or the hurt of the said Company and Inhabitants; and vpon just Causes
to invade and destroy the Natives or other Enemyes of the said Colony. NEVERTHELESSE,
Our Will and pleasure is, AND WEE DOE
hereby Declare vnto all Christian Kings, Princes and States, That if any Persons
which shall hereafter Bee of the said Company or Plantacon, or any other, by
appointment of the said Governor and Company for the tyme being, shall at any
tyme or tymes hereafter Robb or Spoile by Sea or by land, and doe any hurt,
violence or unlawful hostility to any of the Subjects of vs, our heires or
Successors, or any of the Subjects of any Prince or State beinge then in league
with vs, our heires or Successors, vpon Complaint of such injury done to any
such Prince or State, or their Subjects
WEE, our heires and Successors, will make
open Proclamacon within any parts of our Realme of England fitt for that
purpose, That the Person or Persons committinge any such Robbery or Spoile,
shall within the tyme lymitted by such Proclamacon, make full restitucon or
satisfaccon of all such injuries done or committed, Soe as the said Prince or
others soe complayneing may bee fully satisfied and contented. And if the said
Person or Persons whoe shall committ any such Robbery or Spoile shall not make
satisfaccon accordingly, within such tyme soe to bee limited, That then itt
shall and may bee lawful for vs, our heires and Successors, to put such Person
or Persons out of our Allegiance and Proteccon: And that it shall and may bee
lawfull and free for all Princes or others to Prosecute with hostility such
Offenders and every of them, their and every of their Procurers, ayders,
Abettors and Councellors in that behalfe. PULMVIDED,
alsoe, and our expresse will and pleasure is, AND
WEE DOE by these presents for vs, our
heires and Successors, Ordeyne and appointe that these presents shall not in any
manner hinder any of our loveing Subjects whatsoever to vse and exercise the
Trade of Fishinge vpon the coast of New England in America, but they and every
or any of them shall have full and free power and liberty to contynue and vse
the said Trade of Fishing upon the said Coast, in any of the Seas therevnto
adioyning, or any Armes of the Seas or Salt Water Rivers where they have byn
accustomed to Fish, and to build and sett vpon the wast land belonging to the
said Colony of Connecticutt, such Wharfes, Stages and workehouses as shall bee
necessary for the Salting, dryeing and keeping of their Fish to bee taken or
gotten vpon that Coast, any thinge in these presents conteyened to the contrary
notwithstanding. AND KNOWE YEE FURTHER,
That Wee, of our more abundant grace, certaine knowledge and meere mocon
HAVE given,
Graunted and Confirmed, And by theis presents for vs, our heires and Successors,
DOE
give, Graunt and Confirme vnto the said Governor and Company and their
Successors, AULM
that parte of our Dominions in Newe England in America bounded on the East by
Norrogancett River, commonly called Norrogancett Bay, where the said River
falleth into the Sea, and on the North by the lyne of the Massachusetts
Plantacon, and on the South by the Sea, and in longitude as the lyne of the
Massachusetts Colony, runinge from East to West, (that is to say,) from the Said
Norrogancett Bay on the East to the South Sea on the West parte, with the
Islands thervnto adioyneinge, Together with all firme lands, Soyles, Grounds,
Havens, Ports, Rivers, Waters, Fishings, Mynes, Mynerals, Precious Stones,
Quarries, and all and singular other Comodities, Iurisdiccons, Royalties,
Priviledges, Francheses, Preheminences, and hereditaments whatsoever within the
said Tract, Bounds, lands and Islands aforesaid, or to them or any of them
belonging. TO HAVE AND TO HOLD
the same vnto the said Governor and Company, their Successors and Assignes, for
ever vpon Trust and for the vse and benefitt of themselves and their Associates,
freemen of the said Colony, their heires and Assignes, TO
BEE HOLDEN of vs, our heires and
Successors, as of our Mannor of East Greenewich, in Free and Common Soccage, and
not in Capite nor by Knights Service, YULMLDING
AND PAYINGE
therefore to vs, our heires and Successors, onely the Fifth parte of all the
Oare of Gold and Silver which from tyme to tyme and at all tymes hereafter shall
bee there gotten, had or obteyned, in liew of all Services, Dutyes and Demaunds
whatsoever, to bee to vs, our heires or Successors, therefore or thereout
rendered, made or paid. AND LASTLY,
Wee doe for vs, our heires, and Successors, Graunt to the said Governor and
Company and their Successors, by these presents, that these our Letters Patent
shall bee firme, good and effectuall in the lawe to all intents, Construccons
and purposes whatsoever, accordinge to our true intent and meaneing herein
before Declared, as shall be Construed, reputed and adiudged most favourable on
the behalfe and for the best benefitt and behoofe of the said Governor and
Company and their Successors, ALTHOUGH
EXPRESSE MENCON of the true yearely value
or certeinty of the premises, or of any of them, or of any other Guifts or
Graunts by vs or by any of our Progenitors or Predecessors heretofore made to
the said Governor and Company of the English Colony of Connecticut in New
England in America aforesaid in theis presents is not made, or any Statute, Act, Ordinance, Provision, Proclamacon or Restriccon heretofore had,
made. Enacted, Ordeyned or Provided, or any other matter, Cause or thinge
whatsoever to the contrary thereof in any wise notwithstanding. IN
WITNES whereof, we have caused these our
Letters to be made Patent; WITNES
our Selfe, att Westminister, the three and Twentieth day of Aprill, in the
Fowerteenth yeare of our Reigne.